brand enforcement

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PROTECTING YOUR BRAND AGAINST DILUTION - BY RACHEL SIKWANE
Monday, July 06, 2009
With the increase in social media and the use thereof, it is not uncommon for brand owners to find that their brands and trade marks are being used on websites or as domain names. At times, the owner of the website may even be claim that he or she is “assisting” the brand owner by providing it with free publicity, as opposed to defaming the brand owner’s brands.

STEP-BY-STEP GUIDE TO AVOIDING THE BACKLASH WHEN PROTECTING A BRAND AGAINST DILUTION BY RACHEL SIKWANE
Friday, April 17, 2009
With the proliferation of social media, it is not uncommon for brand owners to find their brands and trade marks being used on websites or as domain names.

SOME TRADE MARK ASPECTS OF THE CONSUMER PROTECTION BILL BY WIM ALBERTS
Thursday, August 07, 2008
If the proposed Consumer Protection Bill is enacted into law, it will set up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, conversely, actions that they may not take. One of the obligations that will apply is that businesses providing goods or services to consumers, to be registered (section 79(1)).

APPLICATION FOR CONFIRMATION OF SEIZURE MUST BE SERVED WITHIN 10 DAYS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Minister of Trade and Industry v EL Enterprises (15383/2005 [2008] ZAGPHC 130, May 6 2008), the Transvaal Provincial Division of the High Court has set aside an application for confirmation of a seizure conducted on behalf of Unilever PLC on the grounds that the Department of Trade and Industry had failed to serve the application papers (for confirmation of the seizure) on the respondents within the statutory 10-day period after seizing certain goods without a warrant. The decision is useful in that it clarifies that application papers must be issued and served within the statutory period after the seizure, and not just issued.

PICK & PAY IS CROCKED BY CROCS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services (Case 13354/2007 [2008] ZAWCHC 24, May 6 2008), the High Court of South Africa has refused to set aside a warrant for the seizure of 19,524 pairs of Crocs beach sandals imported into South Africa from China by Pick n Pay Retailers (Pty) Ltd. The case concerned the procedural and substantive correctness of the detention (in terms of the Customs and Excise Act (91/1964)) and seizure (in terms of the Counterfeit Goods Act (37/1997)) of the shoes.

THE RELEVANCE OF PRIOR TRADE MARK USE IN SOUTH AFRICAN COMMON LAW - WIM ALBERTS
Wednesday, April 09, 2008
The nature of the right protected by the law relating to unlawful competition is the right to goodwill, although the right to a trade secret can also feature.

THE FINAL WORD ON TRADE MARK FUNCTION
Monday, September 10, 2007
In a case dealing with the protection of the shape of a wine bottle, in which judgement was delivered last year, Bergkelder Bpk vs. Vredendal Koöp Wynmakery, the Supreme Court of Appeal (SCA) gave notice of a possible change in the legal position.

THE DESCRIPTIVE USE OF TRADE MARKS FOR VEHICLE PARTS
Monday, September 10, 2007
In Bayerische Motoren Werke Aktiengessellschaft v Commercial Auto Glass (Pty) Ltd, a decision of the Transvaal Provincial Division, the respondent made use of the BMW trade mark in advertisements, invoices and product labels.

SHOULD ONE “LABEL” ALCOHOLIC PRODUCTS?
Wednesday, September 05, 2007
It seems that the government is slowly moving in on such vices that still do exist in our society. Already, strict prohibitions are in place regarding tobacco products.

ORIGIN OF THE SPECIES: TRADE MARK INFRINGEMENT AFTER THE BERGKELDER CASE
Wednesday, July 25, 2007
There is a need for clarification in our trade mark law following the decision of the Supreme Court of Appeal (SCA) in the case of Die Bergkelder Beperk v Vredendal Koöp Wynmakery 2006 (4) SA 275 (SCA).

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